Mr. Terres to Mr. Sherman.

No. 247.]

Sir: I am in receipt of a letter from Th. Behrmann, esq., our vice-consul, acting at Cape Haitien, asking for instructions as to whether or not C. Abegg, esq., consular agent at Port de Paix, has the right to administer oaths and take certain depositions requested in a letter addressed to him by Mr. James H. Kelly, attorney for Mr. Lechner.

I beg to be informed as to whether or not Mr. Abegg, although empowered. by paragraph 482 of the Consular Regulations to render such notarial services, has the right to do so without first receiving instructions from the Department of State, since the subject has been brought to the notice of the Department by this legation in its dispatches Nos. 220 and 221, of October 26 and November 3, 1896, respectively, and whether Mr. Kelly should not address himself to the Department, requesting that such instructions be given to Mr. Abegg.

I have, etc.,

John B. Terres.
[Inclosure in No. 247.]

Mr. Kelly to Mr. Abegg.

Dear Sir: Mr. Lechner, of this city, has retained me to prepare the papers in his suit against the Government of Haiti. I desire the testimony of the following persons, who are witnesses to the affair, as to what took place in the court wherein Lechner was arraigned; your knowledgment as to his inhuman treatment while he was in prison, and the grossly oppressive conduct on the part of the Haitian officials; whether you were obliged to keep silence when you attempted to defend Lechner and act as his counsel, and anything further you may know regarding this case.

William Stevens, who was a witness to the fight and saw the Dominican draw a knife, and whether he was allowed to testify in the court as to what took place, and anything else he may know.

Dorremar, Thomas Parr, and Grass, who are employed by the same company as employed Lechner. These persons, I am informed, have the same knowledge of the facts as has Stevens.

The testimony should be written upon foolscap paper with a margin of at least one inch on each side of the page, which testimony must be given under oath; and the right of the person taking the deposition to administer oaths by the laws of the place must be verified.

[Page 342]

The credibility of the deponent, if known to such magistrate or other person authorized to take such testimony, should be certified on the same paper, and if not known should be certified by some other person known to such magistrate.

Kindly attend to this matter at once, and whatever may be the charges or expenses we will be responsible for the same, and we will remit upon receipt of the testimony. If possible, I desire the testimony sent to us by this boat on her return trip.

Yours, very truly,

James L. Kelly.